Tensions between iusnaturalism and contemporary legal positivism

Abstract

The tensions between iusnaturalism and contemporary legal positivism involve definitions around the law, legal philosophy, intrinsic relations of morality, tendencies of the applicability of normativity, and its influences. It is for this reason that we reintroduce the Aristotelian-Thomist concept and, on the other hand, the varied tendencies as well, which will result in legal positivism as a historical development of human thought, to which humankind may gain access, verifiable by historical practice, in the sense of thinking about and looking for the organization of society. The diverse tendencies in each field involve discussion in order to try to approximate, from the starting point of the law, the exercise of legitimacy, the circumstances of its applicability, from a starting point where each author enters into characterizations, determinations, and positions around the iusnaturalist and legal positivist debate. Nevertheless, we are of the belief, if that can be said, that the disputes between these two conceptions tend to avoid coming to the point when it is a matter of entering into the political arena in order to discuss precise issues of fundamental definitions, as soon as it has to do with their origins.